Common use of Requirements for Assignment of Customer Agreement Clause in Contracts

Requirements for Assignment of Customer Agreement. Dell shall only be required to take assignment of a Customer Agreement pursuant to Clause 6.4.C.(a) if: (i) the applicable Customer Agreement: (1) unconditionally obligates the Customer to pay for the APEX Service in amounts that equal or exceed the amounts You are obligated to pay Dell for the remainder of the Subscription Term, and the payment structure of the Customer Agreement is substantially similar to the payment structure under the APEX Agreement; (2) states the Customer’s obligation to pay for the APEX Service is unconditional by explicitly stating such obligations are “absolute, unconditional and non-cancellable and shall not be subject to any abatement, reduction, set off, defense, delay or counterclaim for any reason whatsoever;”;